[§124A-53]  Investigation.  (a)  Nocharge or specification may be referred to a general court-martial for trialuntil a thorough and impartial investigation of all the matters set forththerein has been made.  This investigation shall include inquiry as to thetruth of the matter set forth in the charges, consideration of the form ofcharges, and a recommendation as to the disposition which should be made of thecase in the interest of justice and discipline.

(b)  The accused shall be advised of the chargesagainst the accused and of the accused's right to be represented at thatinvestigation by counsel.  Upon the accused's own request the accused shall berepresented by civilian counsel if provided by the accused, or military counselof the accused's own selection if such counsel is reasonably available, or bycounsel detailed by the officer exercising general court-martial jurisdictionover the command.  At that investigation full opportunity shall be given to theaccused to cross-examine witnesses against the accused if they are availableand to present anything the accused may desire in the accused's own behalf,either in defense or mitigation, and the investigating officer shall examinewitnesses requested by the accused.  If the charges are forwarded after theinvestigation, they shall be accompanied by a statement of the substance of thetestimony taken on both sides and a copy thereof shall be given to the accused.

(c)  If an investigation of the subject matterof an offense has been conducted before the accused is charged with theoffense, and if the accused was present at the investigation and afforded theopportunities for representation, cross-examination, and presentationprescribed in subsection (b), no further investigation of that charge is necessaryunder this section unless it is demanded by the accused after the accused isinformed of the charge.  A demand for further investigation entitles theaccused to recall witnesses for further cross-examination and to offer any newevidence in the accused's own behalf.

(d)  The requirements of this section arebinding on all persons administering this chapter but failure to follow themdoes not divest a military court of jurisdiction. [L 1982, c 171, pt of §2; gench 1985]